Seizing the opportunity to apply what they had learned, the students declared a cheating competition. Outspoken participants (future lawyers, politicians, and captains of industry) bragged about their ruses. But to their chagrin, an ethics student prevailed.

This article is a criticism of the narrative self-understanding offered by advocates of Ordinary Aesthetics. Even though the frustration with the philosophy of art (in contrast with philosophical aesthetics) is, in many ways, an overdetermined result, the sense of the ordinary as available through the withdrawal of this art-centred concern is misguided. This article argues that the reported death of art and the seemingly consistent suggestion that “anything goes” do not relieve contemporary philosophy from its being situated precisely in the (...) wake of these practices of sense-making. I claim that Ordinary Aesthetics is dealing in an illusory conceit to the extent that defences of Ordinary Aesthetics are indebted to a demand that aesthetics may be a living field of philosophical inquiry today only if the fate of artworks is deleted from that narrative. Arguing this point requires an account of the idea of the death of art, associated with Hegel but perhaps more recently with Danto, and I sketch how Danto’s account does not cohere with the account provided in Ordinary Aesthetics. But because the claim of Ordinary Aesthetics amounts to a claim about the capacities of human sense-making independent of historical trajectories and a sense of the ordinary as that which is just available to a timeless abstraction of the human sensorium, my criticism of Ordinary Aesthetics requires a deeper defence of the relation of the faltering of narratives of art with the philosophical effort to make sense of ordinary experiences. Doing so requires that I provide alternatives: what I regard as two related though quite different philosophical approaches, namely, Cavell’s Ordinary Language Philosophy (which is startlingly absent from defences of Ordinary Aesthetics) and the program of a philosophical aesthetics elaborated in Adorno. (shrink)

El objetivo de este artículo es identificar las consideraciones de quiénes deben guiar la sanción o reforma de la ley penal. Este objetivo cobra relevancia si consideramos que las diferentes respuestas pueden impactar en las tasas de cumplimiento del derecho penal y en los niveles de coacción estatal arbitraria. Para ello, se analizarán algunas propuestas teóricas que se ubican en una recta cuyos extremos están ocupados, respectivamente, por el populismo y el elitismo penal. Estos argumentos son reconstruidos en el debate (...) sobre la reforma del Código Penal Argentino. En este debate, la disminución de la interferencia proveniente del delito y la disminución de la interferencia estatal arbitraria se presentan como objetivos incompatibles. En parte, ello se debe a que las propuestas teóricas que alimentan los argumentos del debate presentan algunas limitaciones para satisfacer ambas demandas. El republicanismo, a través de la defensa de una democracia deliberativa fuerte, tiene capacidad para satisfacer ambas demandas, aparentemente antagónicas. Sin embargo, esa capacidad se ve disminuida en sociedades desiguales. Por ello defenderé que una reforma guiada por aquella propuesta republicana tiene una capacidad que se limita a disminuir la interferencia estatal y mantener iguales los índices del delito. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

The dissertation attempts to answer the question of how to theorize resistance from within the philosophy of social science. To answer this question we must consider more than just the philosophy of social science; we also must look to political and moral philosophy. Resistance to the social norms of one’s community is possible to theorize from within the philosophy of social science once we develop a sufficiently nuanced account of social and moral communities, according to which membership in a community (...) is not defined by sharing judgments, conceptual frameworks, or comprehensive worldviews, but by sharing terms of discourse so that discussion about judgments, conceptual frameworks, and comprehensive worldviews is possible. Understanding the structure of one’s moral community is not the same as to endorsing that structure. This suggests that contestation is already present within communities about what ‘we’ do, up to and including who ‘we’—as a ‘community’—are. Challenging communitarian understandings of what makes a community a community, I argue that communities are best understood as forming around common concerns or perceptions of problems. This contestation plays a major role in determining the identities of communities, and these identities are constantly shifting. (shrink)

This paper aims to develop a new understanding of normativity based upon the priority of the ordinary. By relying upon diverse sociological and philosophical traditions, the paper seeks to emphasize the ordinary tacit assumptions which provide the basic structure of our experience of the world and its normative features. The general argument is that, whereas sociological traditions of social interactionism shed new light upon the “empirical fact of normativity”, ordinary language philosophy and pragmatism offer a theoretical account of normativity which (...) is consistent with the picture of normativity which emerges out of these empirical descriptions. The paper synthesizes the main achievements of these traditions into a unified account of normativity. (shrink)

In “Professional Detachment: The Executioner of Paris,” I concluded with the cheap and some would say libelous suggestion that lawyers might accurately be described as serial liars, because they repeatedly try to induce others to believe in the truth of propositions or in the validity of arguments that they believe to be false. Good lawyers have responded with some indignation that, in calling zealous advocacy “lying,” I have misdescribed the practice of law. I wish to explain why I believe that (...) it is the practice of lawyering that engages in misdescription. (shrink)

En este trabajo, analizo críticamente la tesis de Nino según la cual el valor epistémico de la democracia soluciona la paradoja de la superfluidad del derecho. En este sentido, examino dos cuestiones. Primero, si el valor epistémico de la democracia es una razón para creer que tenemos razones para actuar de conformidad con las leyes democráticas. Segundo, si el valor epistémico de la democracia es una razón para actuar de conformidad con las leyes democráticas independientemente de los méritos del caso (...) y, en su caso, si ello explica adecuadamente la normatividad del derecho. In this paper I critically analyse Nino’s thesis according to which the epistemic value of democracy solves the paradox of the superfluousness of law. In this regard, I address two issues. First, if the epistemic value of democracy is a reason to believe that we have reasons to act in conformity with democratic laws. Second, if the epistemic value of democracy is a reason to act in conformity with democratic laws independently of the merits of the case and, in that case, if that can adequately explain the normativity of law. (shrink)

How do human children come up to carve up and think of the world around them in its most general and abstract structure? And to which degree are these general forms of viewing the world shared by other animals, notably by non-human primates? In response to these questions of what could be called comparative metaphysics, this paper discusses new evidence from developmental and comparative research to argue for the following picture: human children and non-human primates share a basic framework of (...) natural ontology: they think about their natural surroundings in essentialist ways in terms of natural kind objects constituted by their essential properties, and in generic terms as governed by general descriptive regularities. In contrast, there is a great divide when it comes to how human children and non-human primates carve up their social environment: only human children then go on to use their essentialist and generic thinking for developing a distinctively social ontology, to conceive of their surrounding in terms of socially constituted objects governed by general prescriptive norms. (shrink)

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

In normative ethics there has been a long-standing debate between consequentialists and deontologists. To settle this dispute moral theorists have often used a selective approach. They have focused on particular aspects of our moral practice and have teased out what consequentialists and deontologists have to say about it. One of the focal points of this debate has been the morality of promising. In this paper I review arguments on both sides and examine whether consequentialists or deontologists offer us a more (...) plausible account of promissory obligation. My conclusion is negative. Given the arguments on the table, I argue, we should conclude that the debate is in a stalemate. It is, therefore, hard to see how the issue of promissory obligation could help us choose between consequentialism and deontology. (shrink)

Descriptive semantic theories purport to characterize the meanings of the expressions of languages in whatever complexity they might have. Foundational semantics purports to identify the kind of considerations relevant to establish that a given descriptive semantics accurately characterizes the language used by a given individual or community. Foundational Semantics I presents three contrasting approaches to the foundational matters, and the main considerations relevant to appraise their merits. These approaches contend that we should look at the contents of speakers’ intuitions; at (...) the deep psychology of users and its evolutionary history, as revealed by our best empirical theories; or at the personal‐level rational psychology of those subjects. Foundational Semantics II examines a fourth view, according to which we should look instead at norms enforced among speakers. The two papers aim to determine in addition the extent to which the approaches are really rival, or rather complementary. (shrink)

Since its introduction in 1987, Benjamin Freedman’s principle of clinical equipoise has enjoyed widespread uptake in bioethics discourse. Recent years, however, have witnessed a growing consensus that the principle is fundamentally flawed. One of the most vocal critics has undoubtedly been Franklin Miller. In a 2008 paper, Steven Joffe and Miller build on this critical work, offering a new conception of clinical research ethics based on science, taking what they call a “scientific orientation” toward the ethics of clinical research. Though (...) there is much to recommend Joffe and Miller’s scientifically oriented conception of clinical research ethics, I believe that both the critical and constructive projects suffer from the same basic mistake: inattention to context. The internal norms of science cannot be fully specified, let alone satisfied, independently of contextual (external) factors that only come into view when we are attentive to the particular context of that form of inquiry. (shrink)

This paper explores the influence of group context on the ethical predispositions of group members. Results indicate that groups exert a powerful influence on individuals' ethical frameworks, and that the patterns of these influences differ depending on the type of ethical framework involved. Individuals' ethical utilitarianism was affected by both leadership style and group cohesiveness. Ethical formalism was most affected by the leadership style in the group.

In order to delimit the realm of social phenomena, sociologists refer implicitly or explicitly to a distinction between living human beings and other entities, that is, sociologists equate the social world with the world of living humans. This consensus has been questioned by only a few authors, such as Luckmann, and some scholars of science studies. According to these approaches, it would be ethnocentric to treat as self-evident the premise that only living human beings can be social actors. The methodological (...) consequence of such critique is a radical deanthropologization of sociological research. It must be considered an open question whether or not only living human can be social actors. The paper starts with a discussion of the methodological problems posed by such an analysis of the borders of the social world, and presents the results of an empirical analysis of these borders in the fields of intensive care and neurological rehabilitation. Within these fields it must be determined whether a body is a living human body or a symbol using human body. The analysis of these elementary border phenomena challenges basic sociological concepts. The relevant contemporary sociological theories refer to a dyadic constellation as the systematic starting point of their concept of sociality. The complex relationship between at least two entities is understood as the basis of the development of a novel order that functions as a mediating structure between the involved parties. Based upon empirical data, I argue that it is necessary to change this foundational assumption. Not the dyad but the triad must be understood as the foundational constellation. This implies a new understanding of the third actor, which is distinct from the concepts developed by Simmel and Berger and Luckmann. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

Philosophy has a schizophrenic relationship with games. On the one hand, philosophers love using games as model, arguing that phenomena as diverse as linguistic meaning, meta‐ethics, normative ethics, applied ethics, law, and aesthetics can be illuminated via an analogy with games. On the other hand, there is scant focused discussion of the concept of a game as such. This is problematic; the appeal to games as a model to clarify philosophically puzzling questions has limited utility if games themselves (and the (...) concept of a game) are poorly understood. Moreover, playing games plausibly is an important element in a good life; anyone interested in the theory of welfare, a traditional philosophical topic, should be interested in games. We play games, but if anything, play itself has been more neglected by philosophers than games. This neglect is unwarranted. Historically, philosophy has investigated foundational questions about human nature, and a disposition to play plausibly is a deep part of human nature. Moreover, play is an important concept in evolutionary biology and psychology, yet those working in those fields struggle to define the concept to their own satisfaction. E.O. Wilson went so far as to remark that “no behavioural concept has proved more ill‐defined, elusive, controversial, and even unfashionable than play.” One might have hoped philosophers could help here. In this paper, I provide an opinionated introduction to the philosophy of play and games. (shrink)

Ancient moral philosophers, especially Aristotle and his followers, typically shared the assumption that ethics is primarily concerned with how to achieve the final end for human beings, a life of “happiness” or “human flourishing.” This final end was not a subjective condition, such as contentment or the satisfaction of our preferences, but a life that could be objectively determined to be appropriate to our nature as human beings. Character traits were treated as moral virtues because they contributed well toward this (...) ideal life, either as means to it or as constitutive aspects of it. Traits that tended to prevent a “happy” life were considered vices, even if they contributed to a life that was pleasant and what a person most wanted. The idea of “happiness” was central, then, in philosophical efforts to specify what we ought to do, what sort of persons we should try to become, and what sort of life a wise person would hope for. (shrink)

Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...) Justice might offer a more coherent decision-making process. Restorative Justice is hypothesised to operate as a kind of mediation process between the philosophies of punishment and understandings of justice held by participants. Their voluntarily agreed outcome should therefore represent the best possible compromise between participants’ ideas of justice and philosophies of punishment. Analysis of existing empirical research has been undertaken, involving the examination of existing studies of Restorative Justice in Northern Ireland, England and Wales, Australia and New Zealand. This empirical research has explored problems which can arise in practice for the theoretical conception of Restorative Justice as a mediation process between ideas. The thesis concludes that Restorative Justice can in theory offer a more coherent process of sentencing, but that there are a number of obstacles to realising this in practice. (shrink)

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...) and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress. (shrink)

L'auteur veut explorer à nouveaux frais le lien entre actes de langage et droit, en essayant d'éviter le piège d'une lecture normativistede la performativité, mais aussi celui d'une lecture ontologique qui ferait de l'acte de langage la production d'un état de choses social. L'A. inverse ces démarches pour examiner la dimension proprement linguistique de l'invention d'Austin, et la critique, inséparable de son invention des énoncés performatifs, de toute portée ontologique de ces actes. Il insiste sur l'élément crucial que constitue, dans (...) la théorie d'Austin, la notion d'échec de l'acte de langage, à partir de laquelle pourrait se reconcevoir sa normativité propre, donc le lien de l'acte de langage et du droit. (shrink)

Descriptive semantic theories purport to characterize the meanings of the expressions of languages in whatever complexity they might have. Foundational semantics purports to identify the kind of considerations relevant to establish that a given descriptive semantics accurately characterizes the language used by a given individual or community. Foundational Semantics I presents three contrasting approaches to the foundational matters, and the main considerations relevant to appraise their merits. These approaches contend that we should look at the contents of speakers’ intuitions; at (...) the deep psychology of users and its evolutionary history, as revealed by our best empirical theories; or at the personal-level rational psychology of those subjects. Foundational Semantics II examines a fourth view, according to which we should look instead at norms enforced among speakers. The two papers aim to determine in addition the extent to which the approaches are really rival, or rather complementary. (shrink)

This paper proposes an approach to the question of meaning and understanding based on the idea of constitutive rules and their relationship to the social objects they are used to create. This approach implicates mutual attention as an essential aspect of the social processes constitutive of social objects and mutual intelligibility. Social objects as such include the meaning, perception and coherence of things, identities and talk, etc. There is a relatively unexplored but important line of argument in sociology that has, (...) from the beginning, explained the coherence and mutual intelligibility of social objects and associations in terms of constitutive practices and social facts. This line of argument begins with Emile Durkheim (1893) and carries through the work of Harold Garfinkel to current studies of work and interaction, human computer interaction and talk. The argument is that we use constitutive practices (Constitutive rules or constitutive background expectancies) to create social objects and make coherent and shared meanings. To act is in this sense for Garfinkel ([1948]2006) to “mean”. Explaining the consistency of social objects and orders in terms of constitutive orders, rules, or practices is an approach that meets the challenges posed to social science and philosophy by Ludwig Wittgenstein (1953), Peter Winch (1958) and Paul Grice (1989). (shrink)

Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...) punishment, and treat dangerous criminals as we treat people with contagious diseases. I argue against both strong and moderate revisionism that it is not unfair to hold persons desert -entailingly responsible insofar as they take an interest in being treated as appraisable, and that it is unfair to persons not to treat them as desert -entailingly responsible contrary to their interests in being treated as such. The interest-based argument, I conclude, give us a justification for communicating retributive attitudes, but may still require a weak revision of our retributive practices, in the direction of a communicative theory of punishment. (shrink)

Resumo: Joseph Raz tornou-se bastante conhecido pelo conceito de razões excludentes, que ele aplicou na análise de uma série de conceitos práticos, como decisões, regras e obrigações. No entanto, a literatura especializada exibe um alto grau de ceticismo quanto à existência de razões excludentes, e até sobre a coerência do conceito. Ao longo de sua obra, Raz sempre focou em duas espécies de razões excludentes: as diretamente motivacionais e as evidenciais. Atribui-se a isso o fato de o conceito ter recebido (...) tantas críticas. Neste artigo, dá-se destaque a uma outra categoria de razões excludentes, negligenciada por Raz: as razões que são excluídas por sua própria natureza. Argumenta-se aqui que essa categoria é capaz de mostrar, não apenas que o conceito não é vazio ou inconsistente, mas também que ele tem um papel importante a desempenhar na elucidação de um importante domínio da moralidade: o domínio das relações afetivas. (shrink)

Why should we obey the rules that constitute a code of conduct? If a rule is justified by conclusive moral reasons, then those reasons are sufficient, from a rational point of view (rather than, sa...

Can commitments be generated without promises, commissive speech acts or gestures that are conventionally interpreted as such? While we remain neutral with respect to the normative answer to this question, we propose a psychological answer. Specifically, we hypothesize that people at least believe that commitments are in place if one agent (the sender) has led a second agent (the recipient) to rely on her to do something, and if this is mutually known by the two agents. Crucially, this situation can (...) occur even if the sender has neither uttered a commissive speech act nor performed any action that would conventionally be interpreted as such. In a series of online experiments, we tested this hypothesis by presenting participants with vignettes describing everyday situations in which a recipient’s expectations were frustrated by the sender’s behavior, and then eliciting moral judgments about the sender’s actions and character. We manipulated whether the recipient’s reliance on the sender was mutually known, and if so, whether the sender verbally acknowledged this or not. The results show that moral judgments differed significantly according to whether the recipient’s reliance was mutually known, but not according to whether this was verbally acknowledged. (shrink)

This paper provides a conceptual exploration of the implication of Jeffrey’s rule of belief revision to account for rule-following behavior in a game-theoretic framework. Jeffrey’s rule reflects the fact that in many cases learning something new does not imply that one has full assurance about the true content of the information. In other words, the same information may be both perceived and interpreted in several different ways. I develop an account of rule-following behavior according to which, in the context of (...) strategic interactions, following a rule is defined by two conditions. First, that agents must frame the interaction in a sufficiently similar way and be aware of the same salient properties, i.e. they must have the same partition of the event. Second, they must ascribe to others the same revised probabilities to what they take to be the common partition. In a game-theoretic framework, this also indicates that rule-following behavior cannot be identified merely to the existence of a common prior. (shrink)

A number of recent authors, most notably Joseph Heath, have persausively defended a market‐centered account of corporate responsibility that grounds standards of business conduct upon the normative presuppositions of the market. They have us focus on two important items: first, the value of welfare, or Pareto efficient outcomes, which underwrites the legitimacy of market arrangements; and second, the behavioral requirements needed to assure that corporations conduct business in a manner consistent with this value. This article critically examines the aspirations of (...) this literature by embracing its basic method but questioning how well it understands the aim of the market. It puts forth a limited case for corporate responsibility anchored in other dimensions of the public good, distinct from the value of efficiency, and argues that a plausible understanding of corporate responsibility arises from the notion that market arrangements are sites of delegated social authority to provision other aspects of the common good. (shrink)

[ENG] The aim of this paper is to analyze the „possibility puzzle” presented by Shapiro (2011) in the context of the debate between conventionalism and non-conventionalism in speech act theory. Conventionalism claims that for every speech act there is a pattern (convention) which determines its illocutionary force. To perform a felicitous speech act is to fulfil necessary and sufficient conditions for this particular speech act. Non-conventionalism criticizes the view that for every speech act there is a conventional pattern and hidden (...) conditions, which are to be fulfilled. This view maintains the conventional thesis for the so-called strict conventional speech acts (e.g. performatives), but negates using universal quantifier for so-called communicative speech acts whose aim is, in short, to express an intention and force someone to act by virtue of this intention. As in (Shapiro 2011), Phil said: in order for someone to have the power to make, change and apply rules, there has to be a rule that empowers someone to do so. This objection concerned „The First Legis- lator” only from the conventional perspective on speech acts. If it can be maintained that The First Legislator’s speech acts may be non-conventional, then Phil’s argument misses the point. Finally, I will emphasize that only lawyers analyze „the very first speech acts” whereas for philosophers, the problem of e.g. „the very first question” is less absorbing. -/- [PL] Celem niniejszego artykułu jest przedstawienie tak zwanej Aporii Phila (possibility puz- zle) przedstawionej przez Shapiro (2011) w kontekście sporu konwencjonalizm–nonkon- wencjonalizm w teorii aktów mowy. Konwencjonalizm utrzymuje, że dla każdego aktu mowy istnieje konwencja, która determinuje moc illokucyjną aktu. Wykonać w pełni for- tunny akt mowy to spełnić wystarczające i konieczne warunki określone dla danego aktu mowy. Nonkonwencjonalizm krytykuje pogląd, że dla każdego aktu mowy istnieje okre- ślona konwencja oraz ukryte warunki, które należy spełnić. Ten pogląd utrzymuje kon- wencjonalną tezę dla tak zwanych stricte konwencjonalnych aktów mowy (na przykład performatywów), ale neguje użycie dużego kwantyfikatora dla tak zwanych komunika- cyjnych aktów mowy, których celem jest, w skrócie, wyrażenie pewnej intencji i zmusze- nie kogoś poprzez jej wyrażenie do określonego postępowania. Phil, bohater historii z książki Shapiro (2011), podkreślił, iż zawsze musi istnieć reguła upoważniająca do two- rzenia prawa. Ten zarzut dotyczący „Pierwszego Legislatora” jest zasadny tylko z per- spektywy konwencjonalizmu. Jeżeli można utrzymywać, że akt mowy Pierwszego Legislatora może być nonkonwencjonalny, wtedy argument Phila jest nietrafny. Na końcu scharakteryzowany jest następujący fenomen: tylko prawnicy analizują „pierwsze akty mowy”, natomiast dla filozofów problem „pierwszego pytania” nie jest tak absorbujący. (shrink)

‘It worked there. Will it work here?’ We have to be able to identify the ‘it’ in that aphoristic question. Classifications of teaching methods belong in the social realm, where human intentions play a fundamental role in how phenomena are categorized. The social realm is characterized with the help of John Searle. Social phenomena are often open to interpretation, rather than definitive verdicts. The nature of the social limits the possibility of consistency in how teaching should be classified, which in (...) turn limits the viability of standard quantitative empirical research into effectiveness. Either classifications of teaching are very broad, which robs them of a researchable identity, or they are more specific, which can undermine their credentials as true teaching. So-called ‘Direct Instruction’ is a case in point. (shrink)

The principle of utility is Bentham's basic test for morals and legislation. But there is room for doubting what that principle is supposed to say. I shall argue that one important element of modern utilitarian doctrines Cannot be found in Bentham's.Some aspects of his views will not be questioned here. He holds, for example, that acts should be appraised by their consequences alone. The effects that count are ‘pleasures’ and ‘pains’, that is, the effects upon human happiness, interest or welfare.

In this paper I defend a version of consequentialism that is neither of the act nor the rule variety. I argue that most, if not all, acceptable moral rules are formulations of intricate and interrelated practices that serve to promote harmonious co-existence between human beings; that these formulations – moral rules – are shorthand abbreviations of the lengthy formulations which would be required to actually describe the extremely complicated set of prescriptions and prohibitions which comprise our ethical practices; that we (...) are culturally, perhaps even naturally, disposed to justify our actions in consequentialist fashion; that these underlying moral practices or ‘folk’ ethics provide the foundation for all forms of consequentialism; and finally, that the folk ethical practices practice consequentialism incorporates are empirically verified. (shrink)

Abstract:I argue that, since the legal order is a public good, an act of legal punishment may be viewed as the imposition of a kind of tax, which I label ‘a quasi-tax’. Once punishment is viewed as a quasi-tax, the traditionally opposed approaches to punishment may be reconciled, as both utility and retribution jointly justify an act of legal punishment. I discuss objections to my argument and I reply to them.

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...) entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

This paper is a critical discussion of Manuel Vargas’ Building Better Beings, focusing on the treatment of desert therein. By means of an analogy between morality and sport, I examine some seemingly peculiar implications of Vargas’ teleological and revisionary account of desert. I also consider some general questions of philosophical methodology provoked by revisionary approaches.

Many find it intuitive that those who use enhancements like steroids and Adderall in Olympic weightlifting and education are due less praise than those who perform equally well without using these enhancements. Nonetheless, it is not easy to coherently explain why one might be justifiably due less praise for using these technologies to enhance one’s performance. Justifications for this intuition which rely on concerns regarding authenticity, cheating, or shifts in who is responsible for the performance face serious problems. Santoni de (...) Sio et al., however, have recently defended a justification for this intuition which avoids the problems competing justifications face; the nature-of-activities justification. This justification relies on a conceptual analysis of the nature of activities and does not require the defense of any particular ethical stance concerning the use of enhancements. Santoni de Sio et al. claim that the success of the nature-of-activities account requires distinguishing between practice-oriented activities and goal-directed activities. I, however, show that this distinction is both deeply problematic and unnecessary. After exposing the weaknesses of Santoni de Sio et al.’s original account, I defend a simpler and less problematic version of the nature-of-activities account. The revised account is capable of both justifying this intuition of less praise and allowing one to determine when enhancements should be deemed permissible, impermissible, or obligatory for a given activity. (shrink)

This paper investigates whether responsibility could be borne vicariously. I distinguish between three different senses of responsibility: attributional responsibility, practices of holding people responsible, and substantive responsibility. I argue that it is doubtful both whether attributional responsibility could be borne vicariously, and whether it could be appropriate to hold someone vicariously responsible. However, I suggest that substantive responsibility can genuinely be borne vicariously. Getting clear on these conceptual issues has important implications for how we approach more concrete legal and political (...) questions. More specifically, I argue these abstract arguments can be used to inform views on the common-law doctrine of joint enterprise, and on reparations for historic injustice. (shrink)